New law affecting copyright

[Ron Marshall]

Here is a link to a page discussing proposed legislation which will allow free usage of "orphaned" images:

http://theonlinephotographer.blogspot.com/

[Clay Turtle]

Checked the link & slid down to the article, which seems to ask a simple question 'copyright'. I started back a few years ago using digimarc software. Basically I used it without restrictions for use (on the web) but to id my work & to provide e-address. I had noted that collecting gifs, etc. are common method but the origin of such became obscured with the passage of time.
Not that I am hyping their wares but I have used it.

Noting legal issues, I am going to enter some work into a state photo contest, but I noted the release form contained wording: I hereby grant ..., the royalty-free & nonexclusive rights to distribute, publish & use the photograph(s) to promote the state ... as they see fit. I'm a little vague on the law so I would be granting them use but still retain my usage?

[Wayne]

http://largeformatphotography.info/lfforum/topic/505174.html

[Ralph Barker]

Clay - I'm not a lawyer, nor do I play one on the Internet, but it sounds like the contest submission process over-steps a bit. Granting the state the rights mentioned would be reasonable if you were to win the contest, assuming the "prize" (or other factors) represents reasonable compensation. As you've presented the conditions, however, it appears that all submitters are granting those rights to the state upon submission, irrespective of winning. As such, the state may be entitled to use any of the images submitted to promote the state without further regard to compensation or even judging/winning the contest - a good deal for the state, but not for those submitting images. Whether the state will credit the photographer(s) upon usage, which has some marketing value, isn't mentioned in what you've presented here.

[Ed K.]

Ditto on not being a lawyer. I agree with Ralph, that it might be okay if one grants the winning image to the state in exchange for some prize, or perhaps some limited period time to exhibit competing works in a show.

Getting credit for a photograph is not always good however. Many times, the eventual publication creates a poor rendition or derivative of the original which may be cropped incorrectly, adjusted to the wrong color or contrast, or adorned with unsavory additional graphics. Having a credit put next to an image that the photographer would never like their name next to can be worse than no credit at all.

On the other hand, if one shoots a lot of survey and digital test shots, it could be a good use of such fodder - the state could have the low-res digital shots, and then one could simply keep the rest of the large format shots for better use. Contest winning shots are often cliche' themes anyhow, shots that might not be subtle enough for more refined tastes.